Certified Legal Professional (CLP) Practice Exam

In terms of professional conduct, what should the attorney have done before taking on the case against the motorcycle manufacturer?

1. Contacted the ethics committee for guidance

2. Secured written permission from the former client

3. Notified the attorney’s family regarding the case

4. Informed the court about the potential conflict

The correct answer is: Secured written permission from the former client

In professional conduct, particularly concerning conflicts of interest, an attorney has a duty to ensure that they do not represent a new client in a manner that adversely affects the interests of a former client. Before taking on the case against the motorcycle manufacturer, securing written permission from the former client is essential for several reasons. Firstly, this written consent confirms that the former client is aware of the new representation and any potential conflicts that might arise due to previous engagements. It helps protect the attorney from accusations of breaching client confidentiality or loyalty, which are fundamental principles in legal ethics. By obtaining written permission, the attorney demonstrates transparency and maintains the trust inherent in the attorney-client relationship. Additionally, this action aligns with the ethical obligations outlined in the Model Rules of Professional Conduct, which emphasize the need for an attorney to avoid situations that could compromise a former client's interests. The written permission serves as a safeguard for both the attorney and the client, ensuring that all parties are informed and agree to the terms of the new representation. This is particularly critical in cases where the prior representation may involve similar legal matters or opposing interests. Overall, securing written permission effectively mitigates the risk of ethical violations related to conflicts of interest, making it an appropriate and necessary step for the attorney in this